Marital Rape: Not a Crime In India

Author: Arbia Syed

Teerthanker Mahaveer University

BBA LLB (Hons)

No illegality in husband having intercourse with his wife against her wish(Marital Rape): Mumbai court _by Arbia

This article is about the “The illegality of marital rape” which was written by Arbia Syed, from TMIMT college. It talks about the issues in regards to marital rapes in India.

On August 09, 2017 The Bombay High court passes an order that not effects the judgement of the Supreme Court (SC) which had said that in a marriage a man and woman are equals and the woman has a right to in privacy in her marriage life.

Section 375 of the (IPC), states about the offence of rape, that has an exception clause that says the intercourse or sexual act by a man with his wife, not below 15 years, is not a rape.

Domestic violence in India is an long-established problem, and it has only been worsen in recent years. According to the National Crime Records Bureau’s (NCRB) ‘Crime in India’  in a 2019 report says, about Seventy percent of women in India are victims of domestic violence.

  #Mumbai_  Husband cannot be alleged for marital rape because of the loophole in section 375 of IPC’.

According to many opinions, if there is any misbehaving or forcibly had been done with someone than there is a some element of crime. As no one can excess to someone without his/her permission or will, though it is relation of husband and wife.

But after, the judgement of bombay high court the loophole is found present in sec 375 of IPC ,on a wife’s cruelty complaint alleging her husband forcible intercourse without her will, a sessions court at Mumbai had observed that the man’s acts couldn’t be considered illegal as he was her husband who are having some rights against her wife.

While granting bail to a Wadala case verdict booked on the complain of ill-treatment of a woman.

The woman says that within1 month of her marriage, her husband had intercourse with her against her will. She said that he done the same when they went to Mahabaleshwar  thereafter, she fell ill. She added that on returning from Mahabaleshwar when she went to a doctor, where she’ll get to know that she had suffered paralysis below the waist that causes a chances to get more  severe damages.

After her complaint, Wadala TT police station in mumbai booked the FIR against the man, his brother and brother’s wife, sister and her husband under IPC of sections 498A , 323 , 504 and 506 (2).

All the accused had moved to the sessions court for anticipatory bail, claiming that there was no demand for money or dowry and all the allegations against them is false and ungrounded.  Any harassment meted out to the complainant were falsely implicated.

Sessions judge Sanjashree Gharat found all of the not guilty against the allegations of dowry and granted a relief to the five accused out of the case as an innocent.

SC further said that “It is very unfortunate that the girl suffered from paralysis,  the suspect cannot be held responsible for the same,” the court added. SC observed that man and woman in a marriage have  equal rights and the woman has a right to privacy as well.

Marital Rape can be accepted as a ground to grant divorce in says_ KERELA HIGH COURT as a form of cruelty.

SC states that, “We know that woman is an easy virtue for many but no one can invade any women’s privacy as and when he likes. Also, it is not open to any person to violate any women as and when he wishes. Women has a right to file a divorce against the marital rape and equally entitled to the protection of law.”   

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Disclaimer: This article is issued in the general public interest and meant for general information purposes only. Readers are advised not to rely on the contents of the article as conclusive in nature and should research further or consult an expert in this regard.


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